TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.
BY ACCESSING THE DUQUESNE LIGHT COMPANY WEBSITE OR MOBILE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE BELOW. THESE TERMS AND CONDITIONS OF USE ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS OF USE POSTED TO THE WEBSITE FROM TIME TO TIME.
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT ACCESS THE WEBSITE OR MOBILE APPLICATION.
TERMS APPLICABLE TO ONLINE/MOBILE ACCOUNT ACCESS AND SERVICES
DLC ACCOUNT ONLINE/MOBILE ACCESS
USERNAME AND PASSWORD
We have adopted a number of policies and procedures intended to protect the information contained on or available through the Website and Application, including information regarding your DLC Account. You will create a username and password when you register to manage your DLC Account or to access services on the Website or Application. You are responsible for keeping your username and password secure. If you believe that there has been unauthorized access to your username, password or your identity, please contact us as soon as possible so that we can work together to limit the damage.
If you are using the Application to access the DLC Account, you may be able to access your DLC Account using Face ID or Touch ID, or other biometric authentication tools available to you through your mobile device.
The Application is currently available for download in the Apple App Store and is designed to work with Apple’s Face ID and Touch ID biometric authentication tools. You may choose to access your DLC Account through the Application using Face ID or Touch ID authentication only if (i) your mobile device supports Face ID or Touch ID (such as the iPhone X), and (ii) you enable the Face ID or Touch ID functionality on your mobile device and confirm that you want to use Face ID or Touch ID to sign into your DLC Account via the Application.
Face ID and Touch ID are authentication tools provided by Apple and are governed by Apple’s policies related to their use. Apple’s policies and information concerning Face ID can be accessed here, and Apple’s policies and information concerning Touch ID can be accessed here. By using the Face ID or Touch ID option, you accept the terms of the most current version of these policies.
YOU MUST KEEP YOUR EMAIL ADDRESS UP TO DATE
If you change your e-mail address, mobile phone number or other contact information used by DLC to communicate with you electronically or via text message, you must notify DLC of the change immediately by logging in to the Website or Application and updating your profile to reflect the correct email address or mobile phone number or by calling 412-393-7100 or by sending written notice of your updated e-mail address or mobile phone number to 411 Seventh Avenue, MD 6-1, Pittsburgh, PA 15219.
If you do not update or change an incorrect e-mail address, mobile phone number or other contact information, you understand and agree that any notices, statements or other communications to you from DLC will still be considered to have been provided to you if they were made available to you in electronic form on the Website or Application, emailed to the e-mail address we have for you in our records or texted to you at the mobile phone number we have for you in our records. DLC reserves the right, if we choose, to restrict your ability to use DLC’s online or mobile services if DLC believes that the e-mail address or mobile telephone number you provided is incorrect.
In order for you to access and retain the information provided electronically by DLC through the Website, your computer system must support the following requirements:
- Microsoft Internet Explorer;
- Google Chrome;
- Mozilla Firefox; and
- Adobe Reader 9.0 or later versions (for Communications provided in PDF format)
- A free copy of Adobe Reader can be obtained from the Adobe website at www.adobe.com; and
To print or download information, including the Communications provided under DLC’s Electronic Bill Presentment Service or confirmations of payment under DLC’s Electronic Payment Service, you must have a printer connected to your computer or sufficient hard-drive space to save the disclosures.
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
By enrolling in the Electronic Bill Presentment Service or Electronic Bill Payment Services, you authorize DLC to display billing and/or payment information on a secure internet site and mobile application. DLC will disclose information to third parties about your bank account or the transactions you make ONLY in the following situations:
- Where it is necessary for completing transactions.
- In order to verify the existence of your bank account with a third party, such as your bank and/or a credit bureau.
- In order to comply with a governmental agency or court order.
- If you give us written permission.
ELECTRONIC BILL PRESENTMENT SERVICE (“E-BILL”)
Please read this Section thoroughly. By signing up to receive your DLC Account bill electronically, you are consenting to the terms and conditions below (this “Consent”).
This Consent covers all of your DLC Accounts. You understand and agree that DLC can provide to you by e-mail, text message or website or mobile application posting certain disclosures, notices and statements regarding your DLC Accounts, the use of any web or mobile application services (including, for example, the Electronic Bill Payment Services, below), your relationship with us, and/or other programs, products or services that are or can be made available to you in the future (“Communications”). You are not required to use E-Bill to receive your DLC Account bill, and you are always free to return to paper billing, as set forth below.
COMMUNICATIONS YOU MAY RECEIVE ELECTRONICALLY FROM DLC
DLC Communications may include, for example:
- Periodic bills, disclosures or notices relating to account information, account activity, account inactivity, payments made or due, or other transactions including, but not limited to, any statement or notice that can be required by the Electronic Fund Transfer Act, the Equal Credit Opportunity Act, the Pennsylvania Public Utility Code, the Fair Credit Reporting Act or other applicable laws and regulations;
- Any notice or disclosure regarding the imposition of a late fee;
- Any notice or disclosure regarding the imposition of any fee for a draft, check or electronic debit returned for any reason, such as insufficient funds or as a result of a stop payment order;
- Any notice of the terms, conditions or rules for products or services you obtain from us, if the notice is required to be provided to you by applicable law;
- Any responses to your electronically-presented questions to DLC;
- Privacy statements or notices;
- Certain statements that we are legally required to provide to you; and
- Notice of changes to the terms of the services we provide to you on the Website or Application.
COMMUNICATIONS YOU WILL NOT RECEIVE ELECTRONICALLY
This Consent will not apply to:
- Any shut-off notice;
- Any notice of default under a payment arrangement;
- Any disclosure or notice that is required by state or federal law to be provided in paper rather than electronic form; and
- Any other communications that DLC determines, in its sole discretion, would be beneficial for you to receive in paper rather than electronic or text message form.
While DLC may choose to send these notices and disclosures to you electronically or via text message, they will also be mailed to the property address maintained for you in our records or otherwise delivered as required by law. We do not currently impose any fee or other penalty if you do not use the Electronic Bill Presentment Service or if you withdraw your Consent to use the Electronic Bill Presentment Service. However, we retain the right to revoke or limit your access to information on the Website and Application, to impose fees or other penalties, or to take other actions that we feel appropriate at a later date.
HOW TO WITHDRAW CONSENT TO E-BILL
You can withdraw this Consent by calling DLC’s Customer Service Line at 412-393-7100 or in writing. For written notices of withdrawal, you must state that you are withdrawing your Consent to electronic Communications from us, identify yourself, your account number, and the date, and mail it, postage prepaid, to DLC at 411 Seventh Avenue, MD-6-1; Pittsburgh, PA 15219.
When you withdraw your Consent, you are only cancelling your agreement to receive electronic and/or text message Communications; the terms of your DLC Account and the Communications you will receive from DLC will not change, other than that you will not receive them electronically or via text message. DLC will stop sending electronic and/or text message Communications after it has had a reasonable period of time to act upon your withdrawal of this Consent, which may be up to and including one month from receipt of your request to withdraw this Consent.
BY REGISTERING FOR E-BILL, I UNDERSTAND THAT:
1. I consent to receive or access the Communications described above in electronic format, by electronic e-mail, text message or website or mobile application posting.
3. I have access to the Internet and/or a mobile phone or other wireless communication device and I am able to send and receive e-mail and/or text messages.
4. The e-mail address and/or mobile phone number that I provide to DLC is the proper e-mail address and/or mobile phone number for Communications concerning any of my accounts.
5. I am responsible for communicating any email address or mobile phone number changes to DLC.
6. I am consenting on behalf of all co-account holders identified in my DLC Account. I am authorized to consent on their behalf.
7. By using E-Bill, I am executing this Consent with my legally binding signature just as if I had signed this Consent in paper.
RETAIN COPIES FOR YOUR RECORDS
ELECTRONIC BILL PAYMENT SERVICES
DLC provides three Electronic Bill Payment Services (the “Payment Services”) to allow you to pay your DLC electric bill online or through the Application. You are not required to use our Payment Services to pay your DLC Account bill. DLC provides this option solely for the convenience of its customers. You must contact DLC at 412-393-7100 to confirm whether any of these payment methods are available to avoid termination of your electric service.
OVERVIEW OF PAYMENT SERVICES AVAILABLE
The ‘Schedule a Payment’ Service (“SP”)
The SP Service allows you to schedule an electronic payment on your DLC Account. The payment will be applied to your DLC Account as early as two to six business days after you initiate the payment, or any later business date you choose.
Only one payment can be made on a DLC Account at one time, although you can make payments on other DLC Accounts. Once a payment is credited to your DLC Account, another payment can be made to that DLC Account. DLC does not charge for the SP Service.
THE ‘RECURRING PAYMENT’ SERVICE (“RP”)
The RP Service lets you direct DLC to deduct either the budget amount or the balance from your bank account each month. The payment will be deducted from your bank account automatically on the bill’s due date. If you have a payment arrangement with DLC, that dollar amount option may be made available to you when you enroll on the Website or Application. In addition, you can choose to donate $1.00 to the Dollar Energy Fund as part of your monthly payment through the RP Service.
DLC does not charge for the RP Service. You can enroll for the RP Service online or through the Application, but to cancel your enrollment, you must call 412-393-7100 or send a written request to cancel the RP Service to 411 Seventh Avenue, MD 6-1, Pittsburgh, PA 15219.
THE ‘FEE-BASED PAYMENT’ SERVICE (“FBP”)
The FBP Service lets you make a payment that is applied to your DLC Account in about two business days. DLC uses a third-party service provider for the FBP Service and the Website and Application will forward you to the service provider’s web site and server when you select the FBP Service payment option. To use the FBP Service, you must pay a small fee to the service provider for each payment made. You can pay by credit card, debit card, or via deduction from your bank account.
FEES FOR PAYMENT SERVICES
DLC does not charge for allowing you to pay online or through the Application; however, DLC’s service provider for its FBP Service will charge you a small fee for each payment. You are also responsible for any and all telephone access fees, Internet service fees, data or text messaging fees, or other service fees that are assessed by your telephone company, Internet service provider, mobile service provider and/or your bank.
INITIATING A PAYMENT
To make a payment using the Payment Services, follow the instructions on the Website or Application.
PAYMENTS FROM YOUR BANK ACCOUNT
By using a Payment Service in which payment is made directly from your bank account, you are authorizing DLC or its service provider to obtain money from the bank (or other financial institution) you provide via the Automated Clearinghouse System (“ACH”) or other appropriate method in accordance with instructions that you provide when you initiate a payment. You understand that not all financial institutions will allow transfers from their bank accounts, and if your bank does not allow DLC to transfer funds from your account, you will not be able to pay your DLC Account bill online unless you choose an account at another financial institution.
No payment is final until we receive confirmation of a successful payment. Whether a late charge is due on your DLC Account is based on the date on which DLC receives confirmation of a successful payment.
PAYMENTS MADE BY CREDIT OR DEBIT CARD
Credit and debit card payments can be made only through the FBP Service and are credited as of the time and date made.
RESPONSIBILITY FOR MISTAKES
reasonable efforts to process payments exactly as initiated by you. DLC will not be liable for losses or damages resulting from, among other things:
- If you do not have enough money in your bank account or enough credit available to make the payment.
- If the bank at which you have your bank account refuses to transfer the money for a reason other than DLC’s error.
- The Payment Service you selected is not working properly and (a) you know or have been advised about the breakdown before you completed the process to initiate the payment or (b) you know or have been advised of the breakdown within a reasonable time before the payment is due so that you can make the payment using another method.
- You have not provided us with the correct bank account or other information necessary to process the payment accurately.
- If the funds in your bank account are subject to legal process or other encumbrance restricting the transaction.
- If circumstances beyond our control (for example, fire, flood, or interference from an outside force) prevent the transfer and we have taken reasonable precautions to avoid those circumstances.Provided none of the foregoing six (6) exceptions are applicable, if we cause an incorrect or unauthorized amount of funds to be removed from your bank account or charged to your credit card, DLC will be responsible for returning the improperly transferred funds to your bank account or credit card, and we’ll reimburse you for any interest and/or late charge incurred in the DLC Account because of the mistake.
THE FOREGOING WILL CONSTITUTE DLC’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT WILL DLC BE LIABLE FOR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF YOUR USE OF THE PAYMENT SERVICES.
IN THE EVENT A PAYMENT IS RETURNED
If you initiate a payment that DLC is unable to complete for any reason (for example, there are not sufficient funds in the bank account to cover the transaction, the bank account has been closed or your bank does not complete the transaction for any reason), DLC will send you a return notice. You agree to and promise the following:
- You will, immediately upon demand, make the payment due by another appropriate method.
- You will pay any late payment charges incurred if this causes the payment to be late.
- You will pay a return check fee.You will not have to pay a return check fee if your bank subsequently completes the transaction in response to a second request by DLC.
YOUR USE OF THE PAYMENT SERVICES
IN CASE OF ERRORS OR QUESTIONS ABOUT THE PAYMENT SERVICES
You agree to provide written notice to DLC of any dispute, mistake and unauthorized transaction using or relating to the use of the Payment Services within 60 days after the date of the transaction. The dispute notice will include enough detail for DLC to investigate the dispute. You agree to review and inspect your DLC Account statement and your bank account statements promptly after you receive them and to use reasonable diligence to discover any mistake and unauthorized use. Procedures applicable to billing disputes on your DLC Account will be applicable to disputes involving the Payment Services.
Your enrollment in and use of Payment Services will not be fulfilled if DLC cannot obtain, disclose and verify your identity or other necessary information. By using the Payment Services, you agree that DLC can disclose to and obtain from your bank financial information regarding you and your DLC Account for any lawful purpose in connection with the Payment Services; for example, DLC or its ACH processor can initiate a $0.00 transfer to or from your bank account to verify the accuracy of the bank account information provided.
CANCELLING THE PAYMENT SERVICES
If you decide to stop using the Payment Services, the only Payment Service you must cancel is the RP Service. You can cancel the RP Service by calling 412-393-7100 or sending a written request to cancel the RP Service to 411 Seventh Avenue, MD 6-1, Pittsburgh, PA 15219. The SP and FBP Services are only active on your DLC Account when a payment made through those Payment Services are processing. You cannot cancel payments under the FBP Service.
TERMINATION OF PAYMENT SERVICES
DLC can terminate Payment Services at any time and/or revoke your right to use Payment Services for any or no reason. Termination or discontinuation of your right to use the Payment Services will not affect your liability or obligations for your DLC Account or transactions completed prior to the termination or discontinuance.
Termination of your participation in or use of Payment Services does not cancel or affect your DLC Account.
GENERALLY APPLICABLE TERMS AND CONDITIONS
The works of authorship contained in the Website or Application, such as all design, text, sound recordings and images, are owned by DLC or one of its affiliates or partners. Except as otherwise expressly stated herein, they cannot be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without DLC’s prior written consent, except to the extent permitted by copyright law, and then only with notices of DLC’s proprietary rights.
‘DLC’, ‘Our Energy, Your Power’, and the DLC logo are registered trademarks of DLC. Other featured words or symbols used to identify the services or programs offered in the Website or Application can also be protected trademarks.
WEB CONTENT AND MATERIALS
You agree that (i) you will not engage in any activities related to the Website or Application that are contrary to applicable law, regulation or the terms of any agreements you have with DLC; (ii) where your use of the Website or Application requires a username and password, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals; and (iii) you will not use any device, software, routine, file or other tool or technology, such as any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the proper working of the Website or Application or to surreptitiously intercept or expropriate any system, data or personal information from the Website or Application.
DUQUESNE LIGHT COMPANY CAN DISCONTINUE OR MAKE CHANGES IN THE INFORMATION OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND DUQUESNE LIGHT COMPANY DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. DUQUESNE LIGHT COMPANY RESERVES THE RIGHT TO TERMINATE ANY OR ALL WEBSITE AND APPLICATION OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU.
POTENTIAL DISRUPTION OF SERVICE
Access to the Website and Application can from time to time be unavailable, delayed, limited or slowed due to, among other things:
- hardware failure, including among other things failures of computers (including your own computer), mobile phones, wireless communication devices, servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
- software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
- ·overload of system capacities;
- damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, acts of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
- strike or other stoppage (whether partial or total) of labor;
- governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
- any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of DLC.
LINKS TO OTHER SITES
Links to non-DLC websites or mobile applications are provided solely as pointers to information on topics that might be useful to you. DLC has no control over the content on such non-DLC websites or mobile applications. If you choose to link to a website or mobile application not controlled by DLC, DLC makes no warranties, either express or implied, concerning the content of that website or mobile application, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does DLC warrant that such website, mobile application or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. DLC does not guarantee the authenticity of documents on the Internet. Links to non-DLC websites and mobile applications do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such websites or mobile applications, or any representation regarding the content at such websites or mobile applications.
LIMITATION OF LIABILITY
BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE AND APPLICATION (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND APPLICATION) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. EXCEPT AS REQUIRED BY LAW, DLC IS NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE, APPLICATION OR THE SERVICES PROVIDED BY DLC ON OR THROUGH THE WEBSITE OR APPLICATION, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE.
DLC WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THE WEBSITE OR APPLICATION, OR FOR THE INCOMPATIBILITY BETWEEN THE WEBSITE OR APPLICATION AND FILES AND YOUR BROWSER OR OTHER SITE ACCESSING PROGRAM. DLC BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY YOU DUE TO CAUSES BEYOND DLC’S CONTROL. EXCEPT AS REQUIRED BY LAW, DLC DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE OR APPLICATION AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION.
NOTHING HEREIN WILL BE CONSTRUED AS LIMITING OR REDUCING DLC’S RESPONSIBILITIES AND OBLIGATIONS TO CUSTOMERS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
UNDER NO CIRCUMSTANCES WILL DLC BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR APPLICATION OR ANY PORTION THEREOF, REGARDLESS OF WHETHER DLC HAS BEEN APPRISED OF THE LIKELIHOOD OF DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
ENFORCEABILITY AND GOVERNING LAW